Bengal braces for UCC battle as BJP government prepares to table Bill in assembly

What Happened

• The West Bengal Legislative Assembly saw the introduction of a Uniform Civil Code (UCC) Bill, making West Bengal the fourth state (after Uttarakhand, Assam, and Gujarat) to move toward replacing religion-based personal laws with a single civil framework.
• The bill proposes a uniform legal standard covering marriage, divorce, inheritance, succession, adoption, and maintenance — applicable to all citizens regardless of religion.
• Key expected provisions include a ban on polygamy, gender-equal inheritance rights, a single divorce framework, and mandatory registration of live-in relationships.
• Scheduled Tribes are explicitly exempted from the bill's provisions, in line with assurances given at the national level that the UCC will not override tribal customary laws protected under constitutional schedules.
• The introduction triggered sharp political opposition from multiple quarters, with critics framing the bill as a threat to minority religious freedoms and cultural pluralism.

Static Topic Bridges

Article 44 — Uniform Civil Code as a Directive Principle of State Policy

Article 44 of the Indian Constitution, located in Part IV (Directive Principles of State Policy), directs the State to "endeavour to secure for the citizens a uniform civil code throughout the territory of India." DPSPs are not enforceable by courts but are "fundamental in the governance of the country" under Article 37 — they guide state policy without creating legally claimable rights. The UCC was placed among DPSPs as a constitutional compromise during the Constituent Assembly debates: while K.M. Munshi argued it was essential for national integration and gender justice, members like Muhammad Ismail and Naziruddin Ahmad cautioned against coercive uniformity that might undermine minority religious practice.

Personal Laws in India — History and Sources

India's personal laws — governing marriage, divorce, inheritance, adoption, and maintenance — are religion-specific statutory codifications derived from religious scriptures, customs, and judicial precedents. The principal personal law statutes are: Hindu Code Bills (1955–56), Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, and the Parsi Marriage and Divorce Act 1936. The British colonial administration codified criminal and commercial law uniformly but deliberately excluded personal laws to avoid communal tensions, a policy carried into independent India's legal framework.

Shah Bano Case (1985) and the UCC Debate

Mohd. Ahmed Khan v. Shah Bano Begum (1985) is the Supreme Court's most cited judgment on the UCC question. The Court ruled that Section 125 of the Code of Criminal Procedure (which mandates maintenance for destitute wives) applies to all citizens regardless of religion, and upheld Shah Bano's claim for maintenance. Chief Justice Y.V. Chandrachud's judgment explicitly directed Parliament to enact a UCC, calling it "imperative" for national integration. The ruling set off a major controversy: Parliament subsequently enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, which effectively nullified the judgment for Muslim women by limiting maintenance to the iddat period, highlighting the political sensitivity of UCC-adjacent reforms.

Articles 25 and 26 — Freedom of Religion and Its Limits

Article 25 guarantees every person the freedom of conscience and the right to profess, practise, and propagate religion. Article 26 protects religious denominations' right to manage their own affairs in matters of religion. Both rights, however, are subject to public order, morality, health, and the other provisions of Part III of the Constitution. The Supreme Court has consistently held that while Articles 25 and 26 protect religious practice, they do not shield "secular" civil matters (marriage, divorce, inheritance, succession) from uniform state regulation. The critical constitutional question the UCC engages is: where does "religious practice" end and civil/secular law begin?

State vs. Central Legislative Competence on UCC

Civil procedure and personal law fall under the Concurrent List (Schedule VII, List III) of the Constitution, which means both Parliament and state legislatures can legislate on these subjects. In the event of a conflict between state and central law on a concurrent subject, the central law prevails under Article 254, unless the state law has received Presidential assent. This gives states the constitutional authority to enact a UCC for their territory, as Uttarakhand did in 2024. However, a patchwork of state UCCs — rather than a single central code — creates varying personal law regimes within India.

Key Facts & Data

• Article 44 (Part IV, DPSP): directs the State to secure a UCC for all citizens
• Goa Civil Code: based on Portuguese Civil Code of 1867; retained after liberation (1961); the only pre-independence UCC model in India
• Uttarakhand UCC: first state of independent India to enact a UCC; passed February 7, 2024; Presidential assent March 13, 2024; in force from January 27, 2025
• Shah Bano case: AIR 1985 SC 945; Section 125 CrPC applies to all citizens regardless of religion
• Muslim Women (Protection of Rights on Divorce) Act, 1986: parliamentary override of Shah Bano ruling
• Special Marriage Act 1954: secular opt-in alternative to personal laws available to all citizens
• States that have introduced or passed UCC legislation (as of June 2026): Uttarakhand (enacted), Assam, Gujarat, West Bengal (bill introduced)
• Scheduled Tribes exempted from UCC provisions under assurances tied to Fifth and Sixth Schedule protections
• Concurrent List (Schedule VII, List III) Entry 5 and 7: legislative basis for state-level UCC legislation
• Article 254: Central law prevails over state law on concurrent subjects in case of repugnancy (subject to Presidential assent)